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66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 169 (Unrevised)

Friday, December 8, 2017
9 a.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBellemareBeyakBlackBoveyCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDuffyDyckEatonFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJoyalKennyLovelace NicholasMacDonaldMaltaisMarshallMartinMarwahMcCoyMcIntyreMcPhedranMégieMercerMitchellMoncionMunsonNgoOhOmidvarPatePetitclercPlettPoirierPratteRichardsRinguetteSaint-GermainSeidmanSmithTardifUngerVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBellemareBeyakBlackBoveyCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDuffyDyckEatonFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJoyalKennyLovelace NicholasMacDonaldMaltaisMarshallMartinMarwahMcCoyMcIntyreMcPhedranMégieMercerMitchellMoncionMunsonNgoOhOmidvarPatePetitclercPlettPoirierPratteRichardsRinguetteSaint-GermainSeidmanSmithTardifUngerVernerWallinWellsWetstonWhiteWoo

The first list records senators present in the Senate Chamber during the course of the sitting.

An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.

PRAYERS

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable Senator Harder, P.C., tabled the following:

Certificate of nomination and biographical notes of Pierre Legault, the nominee for the position of Senate Ethics Officer.—Sessional Paper No. 1/42-1753S.

Government Notices of Motions

With leave of the Senate,

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare:

That, at 7 p.m. on Monday, December 11, 2017, the Senate resolve itself into a Committee of the Whole in order to receive Mr. Pierre Legault respecting his appointment as Senate Ethics Officer; and

That the Committee of the Whole report to the Senate no later than 90 minutes after it begins.

The question being put on the motion, it was adopted.

Question Period

The Senate proceeded to Question Period.

COMMITTEE OF THE WHOLE

At 9:30 a.m., pursuant to the order adopted on December 5, 2017, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to receive Nancy Bélanger respecting her appointment as Commissioner of Lobbying, the Honourable Senator Eaton in the Chair.

—In the Committee—

Pursuant to the order adopted on December 5, 2017, Nancy Bélanger, was escorted to a seat in the Senate Chamber.

Debate.


The sitting of the Senate resumed.

The Chair of the Committee informed the Senate that the Committee had heard the witness.

Orders of the Day

Government Business

Bills – Third Reading

Third reading of Bill C-36, An Act to amend the Statistics Act.

The Honourable Senator Cordy moved, seconded by the Honourable Senator Griffin, that the bill be read for a third time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Wells, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Third reading of Bill C-67, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018.

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc, that the bill be read for a third time.

The question being put on the motion, it was adopted.

The bill was then read the third time and passed.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.

Bills – Second Reading

Order No. 1 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Boniface, seconded by the Honourable Senator Omidvar, for the second reading of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Gagné, for the second reading of Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts.

After debate,

The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Mitchell moved, seconded by the Honourable Senator Gagné, that the bill be referred to the Standing Senate Committee on Transport and Communications.

The question being put on the motion, it was adopted.

Motions

Orders No. 1 and 147 were called and postponed until the next sitting.

o o o

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc:

That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1.Parliamentary Employment and Staff Relations Act, R.S., c. 33 (2nd Supp):

-Parts II and III;

2.Contraventions Act, S.C. 1992, c. 47:

-paragraph 8(1)(d), sections 9, 10 and 12 to 16, subsections 17(1) to (3), sections 18 and 19, subsection 21(1) and sections 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 (in respect of the following provisions of the schedule: sections 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9 to 12, 14 and 16) and 85;

3.Agreement on Internal Trade Implementation Act, S.C. 1996, c. 17:

-sections 17 and 18;

4.Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

5.Preclearance Act, S.C. 1999, c. 20:

-section 37;

6.Public Sector Pension Investment Board Act, S.C. 1999, c. 34:

-sections 155, 157, 158 and 160, subsections 161(1) and (4) and section 168;

7.Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-sections 89 and 90, subsections 107(1) and (3) and section 109;

8.Marine Liability Act, S.C. 2001, c. 6:

-section 45;

9.Yukon Act, S.C. 2002, c. 7:

-sections 70 to 75 and 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283;

10.An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, S.C. 2003, c. 26:

-sections 4 and 5, subsection 13(3), section 21, subsections 26(1) to (3) and sections 30, 32, 34, 36 (with respect to section 81 of the Canadian Forces Superannuation Act), 42 and 43;

11.Assisted Human Reproduction Act, S.C. 2004, c. 2:

-sections 12 and 45 to 58;

12.Amendments and Corrections Act, 2003, S.C. 2004, c. 16:

-sections 10 to 17 and 25 to 27;

13.Budget Implementation Act, 2005, S.C. 2005, c. 30:

-Part 18 other than section 125;

14.An Act to amend certain Acts in relation to financial institutions, S.C. 2005, c. 54:

-subsections 1(1) and 27(2), sections 29 and 102, subsections 140(1) and 166(2), sections 168 and 213, subsections 214(1) and 239(2), section 241, subsection 322(2), section 324, subsections 368(1) and 392(2) and section 394; and

15.An Act to amend the law governing financial institutions and to provide for related and consequential matters, S.C. 2007, c. 6:

-section 28, subsection 30(1), subsection 30(3) in respect of paragraph 439(3)(a) of the Bank Act, subsection 88(1), subsection 88(3) in respect of paragraph 558(3)(a) of the Bank Act, subsection 164(1), subsection 164(3) in respect of paragraph 385.04(3)(a) of the Cooperative Credit Associations Act, section 362 in respect of subsections 425(1) and (2), paragraphs 425(3)(a) and (c) and subsection 425(4) of the Trust and Loan Companies Act.

After debate,

The Honourable Senator Fraser moved, seconded by the Honourable Senator Mercer, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

With leave of the Senate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, December 11, 2017, at 6:30 p.m.; and

That rule 3-3(1) be suspended on that day.

The question being put on the motion, it was adopted.

Inquiries

Order No. 2 was called and postponed until the next sitting.

Other Business

Senate Public Bills – Third Reading

Orders No. 1 to 3 were called and postponed until the next sitting.

Commons Public Bills – Third Reading

Order No. 1 was called and postponed until the next sitting.

Senate Public Bills – Reports of Committees

Orders No. 1 and 2 were called and postponed until the next sitting.

Senate Public Bills – Second Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Frum, seconded by the Honourable Senator Housakos, for the second reading of Bill S-239, An Act to amend the Canada Elections Act (eliminating foreign funding).

After debate,

The Honourable Senator Gold moved, seconded by the Honourable Senator Mégie, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Orders No. 4 to 7 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1 to 4 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1, 5 to 8, 10, 15, 29, 33, 50 to 52, 61 and 64 were called and postponed until the next sitting.

Motions

Orders No. 31 and 73 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That, in order to ensure that legislative reports of Senate committees follow a transparent, comprehensible and non-partisan methodology, the Rules of the Senate be amended by replacing rule 12-23(1) by the following:

“Obligation to report bill

12-23. (1) The committee to which a bill has been referred shall report the bill to the Senate. The report shall set out any amendments that the committee is recommending.  In addition, the report shall have appended to it the committee’s observations on:

(a) whether the bill generally conforms with the Constitution of Canada, including:

(i) the Canadian Charter of Rights and Freedoms, and

(ii) the division of legislative powers between Parliament and the provincial and territorial legislatures;

(b) whether the bill conforms with treaties and international agreements that Canada has signed or ratified;

(c) whether the bill unduly impinges on any minority or economically disadvantaged groups;

(d) whether the bill has any impact on one or more provinces or territories;

(e) whether the appropriate consultations have been conducted;

(f) whether the bill contains any obvious drafting errors;

(g) all amendments moved but not adopted in the committee, including the text of these amendments; and

(h) any other matter that, in the committee’s opinion, should be brought to the attention of the Senate.”

The Honourable Senator Gagné moved, for the Honourable Senator Omidvar, seconded by the Honourable Senator Moncion, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Order No. 92 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Eggleton, P.C.:

That with Canada celebrating 150 years as a nation and acknowledging the lasting contribution of the First Nations, early settlers, and the continuing immigration of peoples from around the world who have made and continue to make Canada the great nation that it is, the Senate urge the Government to commit to establishing a National Portrait Gallery using the former US Embassy across from Parliament Hill as a lasting legacy to mark this important milestone in Canada’s history and in recognition of the people who contributed to its success.

The Honourable Senator Mercer moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Orders No. 146, 158, 174, 189, 206, 215 and 245 were called and postponed until the next sitting.

Inquiries

Orders No. 8, 12 to 14, 19 and 20, 23 to 26, 28 and 31 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Mercer moved, for the Honourable Senator Dyck, seconded by the Honourable Senator Fraser:

That, notwithstanding the order of the Senate adopted on Tuesday, February 2, 2016, the date for the final report of the Standing Senate Committee on Aboriginal Peoples in relation to its study of the federal government’s constitutional, treaty, political and legal responsibilities to First Nations, Inuit and Métis peoples and on other matters generally relating to the Aboriginal peoples of Canada be extended from December 31, 2017 to December 31, 2018.

The question being put on the motion, it was adopted.

ADJOURNMENT

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C.:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 12:07 p.m., the Senate was continued until Monday, December 11, 2017, at 6:30 p.m.)

DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)

Report on the Use of Electronic Surveillance for the year 2016, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, sbs. 195(4).—Sessional Paper No. 1/42-1752.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Dupuis replaced the Honourable Senator Pate (December 8, 2017).

The Honourable Senator Boniface replaced the Honourable Senator Duffy (December 8, 2017).

Standing Senate Committee on National Finance

The Honourable Senator Eaton replaced the Honourable Senator Plett (December 8, 2017).

The Honourable Senator Plett replaced the Honourable Senator Eaton (December 8, 2017).

The Honourable Senator Campbell replaced the Honourable Senator Forest (December 8, 2017).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Dean replaced the Honourable Senator Galvez (December 8, 2017).